[Federal Register: December 14, 2007 (Volume 72, Number 240)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF LABOR
Occupational Safety and Health Administration
[Docket No. OSHA-2007-0085]
Underground Construction Standard; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
AGENCY: Occupational Safety and Health Administration (OSHA), Labor.
ACTION: Request for public comment.
SUMMARY: OSHA solicits public comment concerning its proposal to extend
OMB approval of the information collection requirements specified in
the Underground Construction Standard (29 CFR 1926.800).
DATES: Comments must be submitted (postmarked, sent, or received) by
February 12, 2008.
ADDRESSES: Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, OSHA Docket No. OSHA-2007-
0085, U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington,
DC 20210. Deliveries (hand, express mail, messenger, and courier
service) are accepted during the Department of Labor's and Docket
Office's normal business hours, 8:15 a.m. to 4:45 p.m., ET.
Instructions: All submissions must include the Agency name and OSHA
docket number for the ICR (OSHA-2007-0085). All comments, including any
personal information you provide, are placed in the public docket
without change, and may be made available online at http://www.regulations.gov.
For further information on submitting comments see
the "Public Participation" heading in the section of this notice
titled SUPPLEMENTARY INFORMATION.
Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Stewart
Burkhammer at the address below to obtain a copy of the ICR.
FOR FURTHER INFORMATION CONTACT: Stewart Burkhammer, Directorate of
Construction, OSHA, U.S. Department of Labor, Room N-3468, 200
Constitution Avenue, NW., Washington, DC 20210; telephone (202) 693-
The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)).
This program ensures that information is in the desired format,
reporting burden (time and costs) is minimal, collection instruments
are clearly understood, and OSHA's estimate of the information
collection burden is accurate. The Occupational Safety and Health Act
of 1970 (the OSH Act) (29 U.S.C. 651 et seq.) authorizes information
collection by employers as necessary or appropriate for enforcement of
the Act or for developing information regarding the causes and
prevention of occupational injuries, illnesses, and accidents (29
U.S.C. 657). The OSH Act also requires that OSHA obtain such
information with minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of efforts in obtaining information
(29 U.S.C. 657).
Posting warning signs or notices. Seven paragraphs in the
Underground Construction Standard ("the Standard"), 29 CFR 1926.800,
require employers to post warning signs or notices during underground
construction; these paragraphs are (b)(3), (i)(3), (j)(1)(vi)(A),
(m)(2)(ii), (o)(2), (q)(11), and (t)(1)(iv)(B). The warning signs and
notices required by these paragraphs enable employers to effectively
alert employees to the presence of hazards or potential hazards at the
job site, thereby preventing employee exposure to hazards or potential
hazards associated with underground construction that could cause death
or serious harm.
Certification of inspection records for hoists. Paragraph
(t)(3)(xxi) of the Standard requires employers to inspect and load test
hoists when they install them, and at least annually thereafter; they
must also inspect and load test a hoist after making any repairs or
alterations to it that affect its structural integrity, and after
tripping a safety device on the hoist. Employers must also prepare a
certification record of each inspection and load test that includes
specified information, and maintain the most recent certification
record until they complete the construction project.
Establishing and maintaining a written record of the most recent
inspection and load test alerts equipment mechanics to problems
identified during the inspection. Prior to returning the equipment to
service, employers can review the records to ensure that the mechanics
performed the necessary repairs and maintenance. Accordingly, by using
only equipment that is in safe working order, employers will prevent
severe injury and death to the equipment operators and other employees
who work near the equipment. In addition, these records provide the
most efficient means for OSHA compliance officers to determine that an
employer performed the required inspections and load tests, thereby
assuring that the equipment is safe to operate.
Developing and maintaining records for air quality tests. Paragraph
(j)(3) of the Standard mandates that employers develop records for air
quality tests performed under paragraph (j), including air quality
tests required by paragraphs (j)(1)(ii)(A) through (j)(1)(iii)(A),
(j)(1)(iii)(B), (j)(1)(iii)(C), (j)(1)(iii)(D), (j)(1)(iv),
(j)(1)(v)(A), (j)(1)(v)(B), and (j)(2)(i) through (j)(2)(v).
Paragraph (j) also requires that air quality records include specified
information, and that employers maintain the records until the
underground construction project is complete; they must also make the
records available to OSHA compliance officers on request.
Maintaining records of air quality tests allows employers to
document atmospheric hazards, and to ascertain the effectiveness of
controls (especially ventilation) and implement additional controls if
necessary. Accordingly, these requirements prevent serious injury and
death to employees who work on underground construction projects. In
addition, these records provide an efficient means for employees to
evaluate the accuracy and effectiveness of an employer's exposure
reduction program, and for OSHA compliance officers to determine that
employers performed the required tests and implemented appropriate
II. Special Issues for Comment
OSHA has a particular interest in comments on the following issues:
Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
The quality, utility, and clarity of the information
Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.
III. Proposed Actions
OSHA is requesting that OMB extend its approval of the information
collection requirements contained in the Underground Construction
Standard (29 CFR 1926.800). The Agency is requesting to retain its
current burden hour total of 57,949 hours associated with this
Standard. The Agency will summarize the comments submitted in response
to this notice and will include this summary in the request to OMB.
Type of Review: Extension of currently approved information
Title: Underground Construction Standard (29 CFR 1926.800).
OMB Number: 1218-0067.
Affected Public: Business or other for-profit; not-for-profit
institutions; Federal government; State, local, or Tribal governments.
Number of Respondents: 323.
Frequency of Response: Varies from recording air quality tests
twice per shift to posting a warning sign or notice once every two
Average Time per Response: Varies from 30 seconds to read and
record air quality test results to one hour to inspect, load test, and
complete and maintain a certification record for a hoist.
Average Time per Response: Varies from 2 minutes (.03 hour) to post
emergency numbers to 15 minutes (.25 hour) to develop and post load
limits for floors.
Estimated Total Burden Hours: 57,949.
Estimated Cost. (Operation and Maintenance): $0.
IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions
You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2007-0085). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at (202) 693-2350 (TTY (877) 889-5627).
Comments and submissions are posted without change at http://www.regulations.gov.
Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov
index, some information (e.g., copyrighted material) is not publicly
available to read or download through this website. All submissions,
including copyrighted material, are available for inspection and copying
at the OSHA Docket Office.
Information on using the http://www.regulations.gov website to
submit comments and access the docket is available at the website's
"User Tips" link. Contact the OSHA Docket Office for information
about materials not available through the Web site, and for assistance
in using the Internet to locate docket submissions.
V. Authority and Signature
Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2007 (72 FR
Signed at Washington, DC, on December 10, 2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. E7-24209 Filed 12-13-07; 8:45 am]
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